G/TBT/GEN/351  
 
12 April  2023 
(23-2612) Page: 1/5 
Committee on Technical Barriers to Trade    
 
THEMATIC SESSION ON REGULATORY COOPERATION BETWEEN MEMBERS  
ON PLASTIC REGULATION  
7 MARCH 2023 , 10:00 -13:00  
Moderator's Report1 
At the Ninth Triennial Review, Members agreed to continue to hold thematic sessions in conjunction 
with the Committee's  regular meetings from 2022 to 2024, with a view to further deepening the 
Committee's exchange of experiences on specific topics. On this  basis, the Committee agreed to 
hold a thematic session on regulatory cooperation on plastic regulations .2 Information about the 
speakers, presentations, and related materials are available on the WTO website.3 
 
1  GUIDING QUESTIONS  
• How are Members, industr y, international organizations, and/or non -governmental 
organizations working to  develop approaches to reduce plastic waste and plastic pollution, 
as well as promote reuse, recycling, and  innovation?  
• How do WTO TBT principles contribute to effective policies to manage plastic waste and 
plastic pollution?  
• What best practices should guide regulatory development or alternative approaches to 
facilitate trade and ensure measures are properly calibrated to achieve their objective?  
• What are the ben efits, challenges, limitations, and potential trade implications of regulatory 
measures in this  space?  
• What opportunities exist for cooperation between Members and for addressing particular 
needs of developing  countries and MSMEs?  
• What role can the WTO pla y? 
 
2  OPENING AND OVERVIEW  SESSION  
2.1.  Mr David Jankowski  (United States )4 provided an overview of the thematic session and set 
the scene for the morning discussion. He noted the timeliness of the discussion as the promotion of 
environmental policy to minimize plastic pollution and plastic waste in our environment have become 
a priority for many governments and non -governmental organizations. These priorities have led to 
a rapid proliferation of regulatory and non -regulatory approaches to address these issues. Since 
1995, more than 1,750 TBT notifications have included a referenc e to "plastics ". Of this number, 
303 were notified under  the objective "protection of the environment ". Between 2016 -2022, 
plastics -related notifications submitted with this environmental objective have tripled . The scope of 
these measures includes all poi nts across the plastic life cycle as well as a wide array of policy tools. 
Mr Jankowski noted that as more Members and organizations seek to minimize plastic pollution and 
plastic waste, Member will need to rely on the fundamental principles of the TBT Agr eement to 
support both global trade and more effective, and properly calibrated, regulation.  
 
1 Mr David Jankowski (United States). This Report is provided on the Moderator's own responsibility.  
2 G/TBT/46 , para. 2.11 . 
3 WTO | Thematic session on regulatory cooperation between members (Plastic Regulation)  
4 Director, Agricultural Affairs , Office of the United States Trade Representative . G/TBT/GEN/351  
 
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  2.2.  Mr Daniel Ramos  (WTO  Secretariat )5 presented the work of the Dialogue on Plastics Pollution 
and Environmentally Sustainable Plastics Trade (DPP), with a focus on regulatory perspectives on 
plastics. Launched in November 2020, the DPP has the objective of exploring how trade cooperation 
could contribute to efforts to reduce plastics pollution and transition to a more circular 
environmentally sustainable global plast ics economy, while complementing work in other 
international fora. Drawing on the results of the ongoing DPP survey on trade -related plastics 
measures (TrPMs), Mr Ramos highlighted that, while most trade in plastics were occurring at the 
upstream level, re gulatory policies were broadly concentrated in the mid and downstream levels. He 
noted that most TrPMs were regulatory measures that focused on five topics, namely, single -use 
plastics, packaging, waste management, eco -design, and recycling, and further po inted to 
eco-design as an emerging topic of prevalence. The DPP survey also asked members to identify 
challenges in their implementation of these measures.   
2.3.  Turning to the WTO Workshop on Sustainable and Effective Substitutes and Alternatives for 
Plastics jointly organized with UNCTAD on 6 December 2022,6 it was noted that a number of 
trade-related challenges in the use of substitutes pertained to regulatory cooperation, such as the 
lack of coherence in national regulations and the lack of interna tional standards for substitutes.  
A workshop on reduction of plastics pollution, in cooperation with UNEP, was planned for the end of 
April 2023, as DPP co -sponsors work towards "concrete, pragmatic and effective outcomes" for 
MC13.  
3  PANEL I  
3.1.  Mr Dumisani But helezi (South Africa)7 presented on South Africa's Plastic Regulatory 
Framework. First, Mr Buthelezi provided an overview of South Africa's plastics sector profile and the 
magnitude of the plastic pollution across the country. Notable issues mentioned wer e the illegal 
dumps and poor infrastructure. Second, he explained the legislative context and evolution waste 
regulatory framework from 1998 -2014. Currently there are two main types of interventions: 
government and partnerships. On the government's side, t hese include EPR – single use plastics, 
Recycling Enterprise Support Programme (RESP), administration of imports and exports (Basel 
Convention), waste picker integration. On the p artnerships side, South Africa has engaged with 
several national and internat ional organisations to address plastics pollution . These strategies are 
meant to move the country towards more circularity.  
3.2.  Ms Emmah Monyanga  (South Africa)8 presented on the regulation of plastic carrier bags 
(PCB) and flat bags in South Africa. She expl ained the regulatory model for plastic carrier bags and 
the inter -agency collaboration , which covers standards, regulations, conformity assessments and 
sanctions. She also shared that South Africa is trying to consider alternatives and move away from 
plastics while also increasing consumer education. Ms Monyanga also briefly summarised the six 
measures related to plastic carrier bags currently being implemented.  Re-emphasising consultation 
and collaboration, Ms Monyanga described the multi -stakeholder inter ventions and coordinated 
action between the government, private sector, civil society and labour. However, she also 
acknowledged the challenges and limitations with PCB technical regulations such as the lack of 
infrastructure for treatment of biodegradable  and compostable bags and limited supply of 
high-quality post -consumer waste. In closing, she addresse d what she considers the role of the WTO 
in this area highlighting assistance for developing countries with technology transfer and technical 
capacity and  infrastructure.  
3.3.  Ms Laura B arnett9 and Ms Daisy Croft10 (New Zealand) provided an overview of New 
Zealand 's single -use and hard -to-recycle plastic phase -out work programme. They noted that the 
country's initial ban on single use plastic shopping bags (including bio -based and compostable 
plastics) was very successful and had two important effects: (i)  it contributed to a shift in public 
awareness on the use of plastics and (ii)  provided momentum for the government's aspirational 
 
5 Secre tary to the Dialogue on Plastics Pollution and Environmentally Sustainable Plastics Trade . 
6 DPP Factual Summary of Discussions on Sustainable and Effective Alternatives and Substitut es, 
6 December 2022 Workshop, INF/TE/IDP/RD/88/Rev.1 . 
7 Director for General Waste Minimization with the Department of Forestry, Fisheries, and Environment . 
8 Technical Specialist , National Regulator for Compulsory Specification (NRCS) . 
9 Policy Analyst , Ministry of Environment . 
10 Senior Policy Analyst, Ministry of Environment . G/TBT/GEN/351  
 
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  vision to transform New Zealand's plastic system and reduce its use in plastics by 2030 which is 
outlined in the Rethinking Plastics in Aotearoa New Zealand Report . 
3.4.  Other drivers for New Zealand's steps towards reducing plastic waste include its commitments 
under the Ellen MacArt hur Foundation New Plastics Economy and the Basel Convention. The 
phase -out work programme is being implemented between 2022 -2025, which is designed to phase 
out the easier -to-replace items first and allow more time for industry to adjust to the harder -to-
replace items. To ensure a balance between protection of environment and minimise trade distortion, 
the government considered feedback on the proposals from other WTO Members, domestic and 
international industry players. One of their recommended best pract ices includes collaboration with 
major trading partners also implementing similar bans which has meant close consultation with 
Australia.  
3.5.  Ms Lisa Flannery  (United Kingdom)11 described the Environmental Protection (Single -use 
Plastic Products) Regulations 2 021 of the Scottish Government , which were introduced to tackle the 
negative environmental impacts of plastic waste. Citing that 68% of litter on Scottish beaches is 
plastic, and the cost of cleaning up litter in Scotland in 2020 was 78 million pounds. The  Scottish 
Government believed that Scotland 's throw -away culture was an incentive to tackle this issue and 
shift behaviours. She noted two challenges: (i)  issues regarding plastic product definitions and 
(ii) preparing businesses to transition away from th e targeted plastic products under the regulations.  
To address the second issue, Scotland has launched a nationwide radio campaign and has instituted 
grace periods for businesses to use their remaining stock and better adapt. She also discussed 
engagement w ith equalities groups to ensure their views were taken on board. With implementation 
still on -going, Ms Flannery mentioned there has been a broadly smooth transition.  
4  PANEL II  
4.1.  Ms Sinta Saptarina Soemiarno (Indonesia)12 detailed the regulations implemented by the 
Indonesian government in response to growing marine plastic litter and plastic pollution. She noted 
the impact of COVID -19 and the rise in online shopping which resulted in an influx in plastic 
packaging which w as a major contributing factor to this increase in plastic waste.  However, she also 
noted that current factors also provide an opportunity for Indonesia's potential to transition to a 
circular economy . The Indonesian government has specific targets on soli d waste management and 
marine debris which include: (i)  30% waste reduction by 2025, (ii)  70% waste handling by 2025 
and (iii)  70% reduction of marine litter by 2025. In its efforts to promote and implement a circular 
economy, Ms Soemiarno noted the role o f the country's " sociopreneurs " which include the youth and 
start-up companies , who are entering the sector and increasing business in waste handling and 
recycling.  
4.2.  Ms Megan Hamilton  (Canada)13 introduced the government of Canada 's approach to plastics 
waste and pollution using the Single -Use Plastics Prohibition Regulations as an example of the 
regulatory process. Recognising that there is no single solution to preventing pollution and moving 
to circularity, the Canadian government is focusing on implementing a comprehensive, 
evidence -based agenda that includes working with all levels of government, industry, 
non-government organizations, researchers and the Canadian public toward a zero plastic waste 
future.  The regulations, which were publishe d in June 2022, focus on the elimination or restriction 
of six categories of single -use plastics that pose a threat to the environment, are difficult to recycle 
and have alternatives: checkout bags, cutlery, foodservice ware made from or containing 
problem atic plastics, ring carriers, stir sticks and straws (with exceptions). The regulatory process 
has included public consultation and phase -in timelines from 2022 -2025. The government of Canada 
is also developing other regulatory tools to drive the systems c hanges which promote circularity as 
well as policies to support reuse and plastics innovations . 
4.3.  Mr Mamo Boru Mamo  (Kenya)14 highlighted Kenya's approach and experience on managing 
plastics waste. He covered Kenya's experience with regards to Kenya's 2017 b an on plastics carrier 
bags and the ongoing legislative reforms to tackle plastics (and other types of wastes) in a more 
 
11 Senior Policy Advisor, Regulatory Cooperation - Scottish Government . 
12 Director, Solid Waste Reduction, Ministry of Environment and Forestry . 
13 Head of the Regulatory Cooperation and Implementation Unit, Environment  and Climate Change 
Canada . 
14 Director Ge neral, National Environment Management Authority (NEMA) . G/TBT/GEN/351  
 
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  holistic manner. Mr Mamo detailed the National Environment Management Authority's (NEMA -Kenya) 
comprehensive education awareness campai gn on the ban which incorporated local mainstream 
media, information packs shared with its international embassies, other government agencies and 
travel advisories. He also presented on Kenya's latest proposals such as the new Extended Producer 
Responsibil ity (EPR) schemes as well  as its efforts efforts on innovation, reuse, and recycling to 
reduce plastic waste and pollution. Some of the challenges Kenya is currently facing in its efforts to 
reduce plastic waste include (i)  limited data and inconsistencies  with data standards, (ii)  capacity to 
efficiently use prior informed consent (PIC) notification process under Basel Convention and 
(iii) incoherent regional policies. There was a suggestion for the WTO to focus on its information 
sharing, monitoring and t ransparency work as well as to consider the introduction of an aid for trade 
mandate to support developing countries.  
4.4.  Ms Maja Desgrees du Lou  (European Union)15 presented on the European Commission's 
proposed new EU -wide rules on packaging. This new 65 art icle regulation will apply directly to 
economic operators who operate in the EU internal market. The proposed regulation is currently 
being discussed in the European Parliament and the Council. She emphasised that the focus was not 
solely targeted at plast ic pollution but all packaging with an objective to prevent and reduce the 
growth of packaging waste, among others. She outlined key measures from the proposed regulation: 
(i) prevention of waste and reuse of packaging, (ii)  full recyclability of all packa ging by 2030, 
(iii) recycled content targets for plastic packaging, (iv)  rules on compostable plastic packaging and 
(v) packaging labelling, mandatory deposit return systems and separate waste collection.  
5  PANEL III  
5.1.  Ms Kate Beers  (United States)16 spoke about the National Institute of Standards and 
Technology 's (NIST) Circular Economy program, focusing on descriptions of their early investments 
in plastics and polymer technology, measurements and data. Highlighting the strong co -dependence 
between m aterial flows and economic markets, particularly for plastics, she underscored the need 
for a broadening of discussions beyond a single product and consumer decision point along the 
circular economy, to one that is upstream and with varying targets, which required an understanding 
of the relevant trade -offs at play. She went on to share about NIST's work in the areas of material 
science and design, data and decision tools, and environmental impact assessments. On NIST's 
experience in adopting the Chain of C ustody Model Hierarchy, she noted that technologies were 
needed to deal with other streams of materials where it was difficult to identify competitive pathways 
for the material to be recycled back into the supply chain. Other challenges included the diffic ulty 
for MSMEs to maintain certification schemes to compete in the market, where transparency, 
harmonisation and access were vital to building trust and adoption. She added that life cycle 
assessment tools were also emerging as economic assessment tools us ed to address the full life 
cycle of plastics. On environmental impact assessment, Ms Beers underscored the importance of 
reliable underpinning data, noting that the NIST already collaborates with US regulatory agencies 
on the Comptox Chemicals Dashboard. To improve support data for better measurement of existing 
plastics burden on the environment and to inform better design, she suggested the establishment 
of an open access database.  
5.2.  Ms Helen Bird  (United Kingdom )17 presented  the work of the Waste and Reso urces Action 
Programme (WRAP) in supporting action against plastics pollution. She emphasised that the problem 
of plastics pollution can only be addressed through systemic change, with an opportunity for 
voluntary action to facilitate intended outcomes. Wh ile a voluntary approach was not a substitute 
for regulations, this provides a clear signal of urgency and could accelerate the urgent action 
required. To this end, she cited the example of the UK Plastics Pact, an industry collaboration with 
a critical ma ss of the industry as members and underpinned by the UK Government. She noted that 
this model was a good way of engaging with the public sector, which addresses one of the top 
challenges of businesses. Ms Bird further underscored the critical importance of  global alignment on 
standards for businesses and noted that there is work under the TBT Agreement that could help in 
tackling the plastics problem while facilitating international trade, including the principles of 
transparency, public consultation, stand ards, and the use of data and technology, such as ensuring 
good data and quality infrastructure.   
 
15 Policy officer, DG Environment, Unit "Waste to Resources", European Commission . 
16 Lead, Circular Economy Program , National Institute of Standards and Technology (NIST) . 
17 Head of Business Collabora tion, Waste and Resources Action Programme (WRAP) . G/TBT/GEN/351  
 
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  6  COMMENT BY THE MODERATOR  
6.1.  I was pleased by the large interest and participation in this  thematic session on Regulatory 
Cooperation between Members on Plastics Regulations , including 11 presentations from Canada, 
the European Union, Indonesia, Kenya, New Zealand, South Africa, the United Kingdom, 
the United  States, and the WTO Secretariat .  
6.2.  The session provided an important opportunity for Members to share inform ation on best 
practices and lessons learned as they seek to minimize plastic waste and plastic pollution. This is 
particularly true as the number of plastic regulations continues to increase. Live streaming and 
posting sessions online provided a useful opp ortunity to enhance transparency and broaden 
stakeholder participation in these important information sharing activities.  
6.3.  Participants benefited from a comprehensive overview of the state of international regulatory 
efforts to manage plastic waste and the  WTO's existing workstreams to facilitate regulatory 
cooperation between Members in the Dialogue on Plastic Pollution (DPP). We also discussed 
international developments to minimize plastic pollution and plastic waste in the environment, such 
as the United  Nations Resolution to End Plastic Pollution and  considered how these efforts may 
necessitate future international cooperation.  
6.4.  Some members noted that using a mixture of regulatory and voluntary approaches can lead to 
more effective and sustainable outcomes by spurring innovation and creating space for the private 
sector to go beyond compliance. Strong partnerships among governments, businesses and civil 
society are critical to fostering more effective policy to minimize plastic pollution  and plastic waste 
in the environment. Working together in relevant forums can build confidence between trading 
partners as well as improve information and experience sharing. This process can also have the 
effect of increasing public trust and adherence t o plastic policy decisions.  
6.5.  Members emphasized the importance of key TBT principles throughout their presentations 
including transparency, public consultation, the use of international standards, the use data and 
technical information, technical assistance , development considerations, and the national quality 
infrastructure that underpins these systems.  
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